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18 2009

Broadcasting Act 2009

Chapter 4

Exchange of Programme Material and Spectrum Licencing

Duty to supply programme material.

120 .— (1) RTÉ shall provide to TG4 programme material in the Irish language of such amounts and at such times as may be agreed between them, being of such amounts and at such times as, in their opinion, will result in the equivalent of one hour of such programme material being provided daily by RTÉ to TG4.

(2) For the purposes of section 114 (8) TG4 shall provide to RTÉ, in such amounts and at such times as may be agreed between them, programme material representative of the programme schedules of the national television broadcasting service referred to in section 118 (1) (a).

Public service broadcasting licence.

121 .— (1) The powers conferred on RTÉ by virtue of section 114 (4) (a) and (b) shall not be exercised save under a licence (“public service broadcasting licence”) issued to RTÉ or its agent by the Communications Regulator and in accordance with any conditions attached by the Communications Regulator to the licence.

(2) The powers conferred on TG4 by virtue of section 118 (4) (a) and (b) shall not be exercised save under a public service broadcasting licence issued to TG4 or its agent by the Communications Regulator and in accordance with any conditions attached by the Communications Regulator to such licence.

(3) A copy of every public service broadcasting licence shall be laid before each House of the Oireachtas as soon as may be after the issue of the licence.

Emergencies.

122 .— (1) During the continuance of any national emergency the Minister may suspend any public service broadcasting licence and any licence under section 132 (1) or (2) or section 133 (1) or (2), and, while any such suspension continues, the Minister may operate any service which was provided under the suspended licence or require such service to be operated as he or she directs.

(2) Without prejudice to section 114 (1) (d) and section 118 (1) (d) it shall be a duty of a corporation, at the direction of the Minister, to assist and to co-operate with the relevant public bodies in the preparation for, and execution of, the dissemination of relevant information to the public in the event of a major emergency.

(3) If and whenever the Minister shall exercise the powers conferred on him or her by subsection (1) a corporation shall be entitled to receive from the Minister, with the consent of the Minister for Finance—

(a) such sums as are required to defray any expenses which, regard being had to the nature of the emergency, have been properly and necessarily incurred by the corporation and for meeting which revenue is by reason of the exercise of such powers not otherwise available to the corporation, and

(b) compensation for any damage done to any property of the corporation, being damage directly attributable to the exercise of such powers.

(4) The Minister may direct a corporation to allocate broadcasting time for announcements for and on behalf of any Minister of the Government, in the event of a major emergency, in connection with the functions of that Minister of the Government, and the corporation shall comply with the direction.

(5) In complying with a direction under subsection (4) a corporation may broadcast an announcement that it has received such a direction from the Minister.